“Nevadans overwhelmingly support putting reproductive rights into our state constitution,” said one abortion rights campaigner.

Abortion rights advocates said this week that they would appeal a decision by a Nevada judge to reject a 2024 ballot initiative to enshrine reproductive rights in the state constitution.

Carson City District Court Judge James Russell sided Tuesday with the Coalition for Parents and Children PAC, which last month filed a lawsuit claiming the ballot measure—which would guarantee the “fundamental right to reproductive freedom”—violates Nevada law by covering more than one subject. The petition mentions abortion, birth control, prenatal care, and post-partum care, which advocates note all fall under the umbrella of “reproductive freedom.”

However, Russell said that “it is clear to me this is probably the clearest case I have seen that I think there is a violation of the single-subject rule.”

“We are optimistic about the ballot initiative as a whole, and you know, we plan to appeal this.”

Nevadans for Reproductive Freedom—a coalition including Planned Parenthood, NARAL Pro-Choice Nevada, and Indivisible Northern Nevada that filed the petition in September—disagreed with Russell’s ruling and vowed to appeal to the Nevada Supreme Court.

“We are optimistic about the ballot initiative as a whole, and you know, we plan to appeal this,” said Lindsey Harmon with Nevadans for Reproductive Freedom. “And we know that in fact, these are all a single subject.”

“Nevadans overwhelmingly support putting reproductive rights into our state constitution, and voters should be aware that anti-abortion advocates still have plenty of state government allies who are willing to help them undermine reproductive freedom,” Harmon asserted, adding that the coalition would not “let one judge’s misguided ruling deter us.”

Voters in seven states—most recently Ohio—have passed ballot measures protecting reproductive rights in the wake of the U.S. Supreme Court’s cancellation of half a century of federal abortion rights in last year’s Dobbs v. Jackson Women’s Health Organization decision.

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